Johnson & Johnson v. California

U.S. Supreme Court

Question(s) Presented

1. Whether a robust fair notice standard applies to California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq., and False Advertising Law, Cal. Bus. & Prof. Code § 17500 et seq., given the severe civil penalties at stake, the risk of chilling protected speech, and the criminal penalties involved.

2. Whether Ethicon had fair notice that it faced hundreds of millions of dollars in civil penalties under these statutes for materials sent to California, but not proven to have reached consumers

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